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View Diary: Stop saying Republican electoral-vote rigging is constitutional. It's not. Here's why. (193 comments)

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  •  Would you address the point I raised above (0+ / 0-)

    Such that a legislature may be able to achieve a similar goal in some states (but not others) by use of formula, as with delegate selection in the 2008 Democratic primaries?

    For example a state with three electoral votes could decree that, perhaps after screening out  votes below a certain threshold, anyone getting 60% of the vote would receive all three electoral votes and that anyone receiving 33.3% of the vote would receive at least 1 EV (with other rules to address all eventualities.)  The same could go for every state up to California's 55 EVs.

    The issue at that point becomes: are individual voters harmed, in a way cognizable under the equal protection clause, by the decisions in other states to enact, or not to enact, such laws?  My fear is that such a system might not run afoul of the "making red districts more competitive" problem that you identify; one could look at those 2008 primaries for a good example of what districts (not states in that case) do and don't become competitive.

    The best thing we have going for us, in that case, is the recent behavior of Reince Priebus, which may suffice to show malignant intent.

    Plaintiffs' Employment Law Attorney (harassment, discrimination, retaliation, whistleblowing, wage & hour, &c.) in North Orange County, CA.

    "I love this goddamn country, and we're going to take it back."
    -- Saul Alinsky

    by Seneca Doane on Tue Jan 29, 2013 at 08:24:08 PM PST

    [ Parent ]

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